anthony kennedy is mostly a conservative, appointed by ronald reagan in 1987, but he's the author of the court's two most important gay rights decision. lawrence v. texas, which said that states could no longer ban consensual sodomy among consenting adults and the romer case from colorado. so he is certainly the most likely of the five republicans on the court to join the four democrats, at least on the defense of marriage act case, if not also on the proposition 8 case. there are two same-sex marriage cases to be argued next week. >> so, jimmy, if things don't go your way, if the justices like, you know, i'll just shorthand it, rule against same-sex marriage, rule out its constitutionality, what will you do? >> well, this issue is being talked about in every state. and the tenth amendment leaves marriage and family law to the states. and i think that there will be a state-by-state recognition that gay people should have the opportunity and the ability to get married and that will take just a longer conversation that we're having as a nation. and that's what we'll do. we'll continue